257 A.D. 832 | N.Y. App. Div. | 1939
Action for Ebel. The answers interposed to the amended complaint set out certain denials and four complete and partial defenses. Order denying plaintiff’s cross motion to strike out affirmative defenses as insufficient in law .affirmed. Order granting defendants motion to examine plaintiff before trial in aid of their affirmative defenses affirmed. Order granting in part and denying in part plaintiff’s motion to examine defendants before trial modified by granting also plaintiff’s motion to require Neil P. CuUom and John T. Harrison similarly to be examined and give testimony as material witnesses before trial; and by striking from said order the final paragraph and substituting therefor a direction that the defendants shaU be required to produce